10 U.S. Code § 2814 - Special authority for development of Ford Island, Hawaii
(a) In General.—
(1) Subject to paragraph (2), the Secretary of the Navy may exercise any authority or combination of authorities in this section for the purpose of developing or facilitating the development of Ford Island, Hawaii, to the extent that the Secretary determines the development is compatible with the mission of the Navy.
(2) The Secretary of the Navy may not exercise any authority under this section until—
(A) the Secretary submits to the appropriate committees of Congress a master plan for the development of Ford Island, Hawaii; and
(b) Conveyance Authority.—
(1) The Secretary of the Navy may convey to any public or private person or entity all right, title, and interest of the United States in and to any real property (including any improvements thereon) or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(c) Lease Authority.—
(1) The Secretary of the Navy may lease to any public or private person or entity any real property or personal property under the jurisdiction of the Secretary in the State of Hawaii that the Secretary determines—
(2) A lease under this subsection shall be subject to section 2667 (b)(1) of this title and may include such other terms as the Secretary considers appropriate to protect the interests of the United States.
(3) A lease of real property under this subsection may provide that, upon termination of the lease term, the lessee shall have the right of first refusal to acquire the real property covered by the lease if the property is then conveyed under subsection (b).
(A) The Secretary may provide property support services to or for real property leased under this subsection.
(d) Acquisition of Leasehold Interest by Secretary.—
(1) The Secretary of the Navy may acquire a leasehold interest in any facility constructed under subsection (f) as consideration for a transaction authorized by this section upon such terms as the Secretary considers appropriate to promote the purpose of this section.
(2) The term of a lease under paragraph (1) may not exceed 10 years, unless the Secretary of Defense approves a term in excess of 10 years for purposes of this section.
(e) Requirement for Competition.— The Secretary of the Navy shall use competitive procedures for purposes of selecting the recipient of real or personal property under subsection (b) and the lessee of real or personal property under subsection (c).
(1) As consideration for the conveyance of real or personal property under subsection (b), or for the lease of real or personal property under subsection (c), the Secretary of the Navy shall accept cash, real property, personal property, or services, or any combination thereof, in an aggregate amount equal to not less than the fair market value of the real or personal property conveyed or leased.
(2) Subject to subsection (i), the services accepted by the Secretary under paragraph (1) may include the following:
(g) Notice and Wait Requirements.— The Secretary of the Navy may not carry out a transaction authorized by this section until—
(1) the Secretary submits to the appropriate committees of Congress a notification of the transaction, including—
(2) a period of 30 calendar days has elapsed following the date on which the notification is received by those committees or, if earlier, a period of 20 days has elapsed from the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title.
(h) Ford Island Improvement Account.—
(1) There is established on the books of the Treasury an account to be known as the “Ford Island Improvement Account”.
(i) Use of Account.—
(1) Subject to paragraph (2), to the extent provided in advance in appropriations Acts, funds in the Ford Island Improvement Account may be used as follows:
(2) To extent that the authorities provided under subchapter IV of this chapter are available to the Secretary of the Navy, the Secretary may not use the authorities in this section to acquire, construct, or improve family housing units, military unaccompanied housing units, or ancillary supporting facilities related to military housing.
(A) The Secretary may transfer funds from the Ford Island Improvement Account to the following funds:
(i) The Department of Defense Family Housing Improvement Fund established by section 2883 (a)(1) of this title.
(B) Amounts transferred under subparagraph (A) to a fund referred to in that subparagraph shall be available in accordance with the provisions of section 2883 of this title for activities authorized under subchapter IV of this chapter at Ford Island.
(j) Inapplicability of Certain Property Management Laws.— Except as otherwise provided in this section, transactions under this section shall not be subject to the following:
(3) Subchapter II of chapter 5 and sections 541–555 of title 40.
(k) Scoring.— Nothing in this section shall be construed to waive the applicability to any lease entered into under this section of the budget scorekeeping guidelines used to measure compliance with the Balanced Budget and Emergency Deficit Control Act of 1985.
(l) Property Support Service Defined.— In this section, the term ‘property support service’ means the following:
Source(Added Pub. L. 106–65, div. B, title XXVIII, § 2802(a)(1),Oct. 5, 1999, 113 Stat. 845; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(16)], Oct. 30, 2000, 114 Stat. 1654, 1654A–291; Pub. L. 107–107, div. A, title X, § 1048(d)(1),Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107–217, § 3(b)(18),Aug. 21, 2002, 116 Stat. 1296; Pub. L. 111–383, div. B, title XXVIII, § 2803(c),Jan. 7, 2011, 124 Stat. 4459.)
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (k), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 ofTitle 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.
2011—Subsec. (g)(2). Pub. L. 111–383inserted before period at end “or, if earlier, a period of 20 days has elapsed from the date on which a copy of the notification is provided in an electronic medium pursuant to section 480 of this title”.
2002—Subsec. (j)(3). Pub. L. 107–217substituted “Subchapter II of chapter 5 and sections 541–555 of title 40” for “Sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)”.
2001—Subsec. (j)(2). Pub. L. 107–107substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.
2000—Subsec. (k). Pub. L. 106–398inserted “and” after “Balanced Budget”.
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